Legal Question in Constitutional Law in Virginia

26th amendment

1.Why is it that 18 year olds can vote but they are not legal to drink alcohol?


Asked on 11/14/03, 10:07 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: 26th amendment

There is a constitutional amendment (#26) enacted in 1971 allowing for those who are at least 18 years of age to vote. Therefore, this is now a constitutionally mandated right.

There is no such constitutionally mandated right

regarding the service of alcohol(to anyone of any age), as this is a matter of purely local and/or state law. In some jurisdictions known as

"dry" counties or cities, there is no alcohol sold to anyone of any age nor is there any constitutional requirement against this type of

prohibition. (The enactment of the 21st amendment to the Constitution [1933], repealing the 18th establishing Prohibition, essentially got the federal government out of the business of regulating the manufacture and sale of "intoxicating liquors", except for running down illegal distillieries which have failed to obtain proper licensures and/or pay the required excise or other taxes.

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Answered on 11/14/03, 11:24 am


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